Help filling out form i-864 for my wife. : (

[CitizenWheelz 9]

Hi,

 

Looks like my divorce decree from the notary also called *Testimony* is what the NVC is asking and not the simple page from Reniec but I am still confuse regarding the birth certificate for my wife, the info that was writing by hand back them by the registrar is not clear enough and I believe this is why the NVC rejected. Can I just upload an English translation of this document made by me? Or it needs to be professionaly translated and apostilled? Thanks. 

[pushbrk 12,877]

7 hours ago, CitizenWheelz said:

Hi,

 

Looks like my divorce decree from the notary also called *Testimony* is what the NVC is asking and not the simple page from Reniec but I am still confuse regarding the birth certificate for my wife, the info that was writing by hand back them by the registrar is not clear enough and I believe this is why the NVC rejected. Can I just upload an English translation of this document made by me? Or it needs to be professionaly translated and apostilled? Thanks. 

 

from:  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Peru.html

 

Available: Yes

Fees: S/3.70 Nuevos Soles (approximately $1.20 dollars) per page, if issued by the court. Price may vary depending on the issuing authority.

Document Name: Sentencia de Divorcio (Divorce Decree)

Issuing Government Authority: Judicial Divorces are issued by the Family Court.

Special Seal(s) / Color / Format: The format varies depending on the issuing office.

Issuing Authority Personnel Title: The document is issued by judges in the Family Court.

Registration Criteria: A divorce is noted on the left margin or back of the marriage certificate and makes reference to the resolution of the civil court dissolving the marriage.

Procedure for Obtaining: The procedure for obtaining the document varies. Subject must approach to the entity that processed the divorce to request it.

Certified Copies: A certified copy of the resolution may be obtained from the clerk (secretario) of the lower court that ordered the divorce.

Alternate Documents: Divorces may also be processed in a Municipality or in a Notary's office (Administrative Divorce). In these cases, the issuing authority is the Mayor of the Municipality or the Notary respectively, and the document may be called Resolucion de Alcaldia (Municipal Resolution) or Testimonio. Law N.29227 authorizing these divorces went into effect July 14, 2008. As part of the divorce proceedings, divorces processed by a Municipality or Notary must be registered by the Civil Registry Chief (for those municipalities not yet incorporated in RENIEC or by RENIEC for those incorporated). An annotation would then be placed in the original marriage certificate indicating both the date of the legal separation as well as the final divorce date. For these divorces, the following could be presented as proof of divorce:

Please note that in Peru, divorce is a two-step process. First, the couple has to request the legal separation "municipal resolution of separation or "Acta Notarial" (Notary Minute). Two months later either party can request the final divorce resolution. This final divorce resolution is necessary for the divorce to be legal.

• Resolucion de Alcaldia plus copy of the marriage certificate with the divorce annotation on the back of the certificate.
• Resolucion Jefatural de RENIEC plus copy of the marriage certificate with the divorce annotation on the back of the certificate.
• Notary Deed of Arrangement (Testimonio) or Minute plus copy of the marriage certificate with the divorce annotation on the back of the certificate.

Exceptions: None.

Comments: In the event that an individual marries in Peru and dissolves that marriage outside of Peru, the foreign divorce must be formally recognized in Peru by the Superior Court through an "exequatur" process prior to either party entering into another marriage in Peru. When the exequatur is finalized, the court issues a decree that should be annotated on the marriage certificate. The decree is valid as of the date of the foreign divorce. If the foreign divorce is not registered through the exequatur process and the individual enters into another marriage in Peru, the second marriage will not be legally recognized until the exequatur process is completed.

Note: Immigrant visa processing, the U.S. Embassy in Lima requires the Sentencia de Divorcio/Resolucion de Alcaldia. The annotation on the marriage certificate is not sufficient.

When submitting civil documents to NVC please submit a copy / scan of front and back even if it is blank.

[CitizenWheelz 9]

7 minutes ago, pushbrk said:

 

from:  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Peru.html

 

Available: Yes

Fees: S/3.70 Nuevos Soles (approximately $1.20 dollars) per page, if issued by the court. Price may vary depending on the issuing authority.

Document Name: Sentencia de Divorcio (Divorce Decree)

Issuing Government Authority: Judicial Divorces are issued by the Family Court.

Special Seal(s) / Color / Format: The format varies depending on the issuing office.

Issuing Authority Personnel Title: The document is issued by judges in the Family Court.

Registration Criteria: A divorce is noted on the left margin or back of the marriage certificate and makes reference to the resolution of the civil court dissolving the marriage.

Procedure for Obtaining: The procedure for obtaining the document varies. Subject must approach to the entity that processed the divorce to request it.

Certified Copies: A certified copy of the resolution may be obtained from the clerk (secretario) of the lower court that ordered the divorce.

Alternate Documents: Divorces may also be processed in a Municipality or in a Notary's office (Administrative Divorce). In these cases, the issuing authority is the Mayor of the Municipality or the Notary respectively, and the document may be called Resolucion de Alcaldia (Municipal Resolution) or Testimonio. Law N.29227 authorizing these divorces went into effect July 14, 2008. As part of the divorce proceedings, divorces processed by a Municipality or Notary must be registered by the Civil Registry Chief (for those municipalities not yet incorporated in RENIEC or by RENIEC for those incorporated). An annotation would then be placed in the original marriage certificate indicating both the date of the legal separation as well as the final divorce date. For these divorces, the following could be presented as proof of divorce:

Please note that in Peru, divorce is a two-step process. First, the couple has to request the legal separation "municipal resolution of separation or "Acta Notarial" (Notary Minute). Two months later either party can request the final divorce resolution. This final divorce resolution is necessary for the divorce to be legal.

• Resolucion de Alcaldia plus copy of the marriage certificate with the divorce annotation on the back of the certificate.
• Resolucion Jefatural de RENIEC plus copy of the marriage certificate with the divorce annotation on the back of the certificate.
• Notary Deed of Arrangement (Testimonio) or Minute plus copy of the marriage certificate with the divorce annotation on the back of the certificate.

Exceptions: None.

Comments: In the event that an individual marries in Peru and dissolves that marriage outside of Peru, the foreign divorce must be formally recognized in Peru by the Superior Court through an "exequatur" process prior to either party entering into another marriage in Peru. When the exequatur is finalized, the court issues a decree that should be annotated on the marriage certificate. The decree is valid as of the date of the foreign divorce. If the foreign divorce is not registered through the exequatur process and the individual enters into another marriage in Peru, the second marriage will not be legally recognized until the exequatur process is completed.

Note: Immigrant visa processing, the U.S. Embassy in Lima requires the Sentencia de Divorcio/Resolucion de Alcaldia. The annotation on the marriage certificate is not sufficient.

When submitting civil documents to NVC please submit a copy / scan of front and back even if it is blank.

 

Thanks for your response, the info above was very helpful, it cleared a lot of doubts regarding the divorce decree.

 

How about my wife's birth certificate that was rejected by NVC? The birth certificate contains some info in hand writing back from 1996 and is not very visible or clear for someone to read it, even though my wife is able to read it. Getting a new birth certificate won't help since it will look the same. Can I upload the english  translation of the birth certificate along with my signature of certified translation? Or do you believe this document will need to be translated and apostilled by the foreign affairs office in Peru? Thanks. 

[pushbrk 12,877]

2 minutes ago, CitizenWheelz said:

 

Thanks for your response, the info above was very helpful, it cleared a lot of doubts regarding the divorce decree.

 

How about my wife's birth certificate that was rejected by NVC? The birth certificate contains some info in hand writing back from 1996 and is not very visible or clear for someone to read it, even though my wife is able to read it. Getting a new birth certificate won't help since it will look the same. Can I upload the english  translation of the birth certificate along with my signature of certified translation? Or do you believe this document will need to be translated and apostilled by the foreign affairs office in Peru? Thanks. 

Go to that link and see what is written about birth certificates.

[CitizenWheelz 9]

4 minutes ago, pushbrk said:

Go to that link and see what is written about birth certificates.

This is what I found in the link above regarding my question:

 

 

Special Seal(s) / Color / Format:  Certificates vary in form and can be transcriptions in long hand, typewritten on a template, or microfilm photocopies of the original record.

 

Pardon my ignorance but can you please help me understand this here? Does the above info means I can transcript the original birth certificate and upload to the NVC? I worked hard yesterday in translating the birth certificate to English and keeping the same format just in case NVC will accept it, but I want to do things the best I can I can't avoid delays. 

 

[pushbrk 12,877]

4 minutes ago, CitizenWheelz said:

This is what I found in the link above regarding my question:

 

 

Special Seal(s) / Color / Format:  Certificates vary in form and can be transcriptions in long hand, typewritten on a template, or microfilm photocopies of the original record.

 

Pardon my ignorance but can you please help me understand this here? Does the above info means I can transcript the original birth certificate and upload to the NVC? I worked hard yesterday in translating the birth certificate to English and keeping the same format just in case NVC will accept it, but I want to do things the best I can I can't avoid delays. 

 

Here's the context to what you quoted.  If it is THIS DOCUMENT, then it could be in any of those forms, but it must first be the correct document with the correct name, obtained from the correct source.

 

Document Name:  Birth certificate (Partida de Nacimiento), and Death Certificate (Acta de Defunción).

Issuing Government Authority:  Certificates are issued by the Provincial Council (Concejo Provincial) or the District Council (Concejo Distrital) of the district or province in which the event occurred and was registered.  Registrations have been obligatory under the civil code since 1936.

 

[CitizenWheelz 9]

7 minutes ago, pushbrk said:

Here's the context to what you quoted.  If it is THIS DOCUMENT, then it could be in any of those forms, but it must first be the correct document with the correct name, obtained from the correct source.

 

Document Name:  Birth certificate (Partida de Nacimiento), and Death Certificate (Acta de Defunción).

Issuing Government Authority:  Certificates are issued by the Provincial Council (Concejo Provincial) or the District Council (Concejo Distrital) of the district or province in which the event occurred and was registered.  Registrations have been obligatory under the civil code since 1936.

 

Yes. I have the right document, from the right source, with the required seals. Only problem here is that this document is not very visible since some info was hand writing back in 1996, according to NVC they rejected the document for this reason:

 

Part of this document is missing or is difficult to read. Please replace this with a scan that shows the complete text of the document. Please ensure all sides of every page are scanned and visible.

 

This is the reason why my plan is to upload the English translation of the document along with my signature certifying the translation. Can you please tell me if I'm in the path? I'm really thanksful for your time and info here. You helped me a lot through my journey here. 

[pushbrk 12,877]

6 minutes ago, CitizenWheelz said:

Yes. I have the right document, from the right source, with the required seals. Only problem here is that this document is not very visible since some info was hand writing back in 1996, according to NVC they rejected the document for this reason:

 

Part of this document is missing or is difficult to read. Please replace this with a scan that shows the complete text of the document. Please ensure all sides of every page are scanned and visible.

 

This is the reason why my plan is to upload the English translation of the document along with my signature certifying the translation. Can you please tell me if I'm in the path? I'm really thanksful for your time and info here. You helped me a lot through my journey here. 

No, that won't work.  Is the problem the original document you scanned, or the scan itself?

 

[CitizenWheelz 9]

1 minute ago, pushbrk said:

No, that won't work.  Is the problem the original document you scanned, or the scan itself?

 

The problem is the original document, not the scanned document. The original document contains hand writing info back from 1996 that is hard to read and before the 2000 is no possible to get a digital copy of the document. The original document is the right certificate, and the true certificate. And NVC rejected for the reason above. So I was planning in uploading the English translation along with the original document, or... Make the translation document apostille and legalized in case nvc takes it. Please guide me. 

[pushbrk 12,877]

6 minutes ago, CitizenWheelz said:

The problem is the original document, not the scanned document. The original document contains hand writing info back from 1996 that is hard to read and before the 2000 is no possible to get a digital copy of the document. The original document is the right certificate, and the true certificate. And NVC rejected for the reason above. So I was planning in uploading the English translation along with the original document, or... Make the translation document apostille and legalized in case nvc takes it. Please guide me. 

 

They do not NEED a translation.  The best I can suggest is that you make a very high quality scan of the original document, making sure no fraction of any square inch is missing from the scan.  Be sure to scan the back of the document if there is ANYTHING on the back.  At the same time, upload a letter from you explaining what you just explained to us, that this IS the document, and you cannot obtain a more legible one.

[CitizenWheelz 9]

3 minutes ago, pushbrk said:

 

They do not NEED a translation.  The best I can suggest is that you make a very high quality scan of the original document, making sure no fraction of any square inch is missing from the scan.  Be sure to scan the back of the document if there is ANYTHING on the back.  At the same time, upload a letter from you explaining what you just explained to us, that this IS the document, and you cannot obtain a more legible one.

Thank you for your quick response. I was also thinking the same, since I don't see anywhere in the NVC website that they will accept or required the translation in case the original document is not clear enough. How about if I apostilled the document translation by the foreign affairs office in Lima along with the original birth certificate? Can this validate the translation? 

[pushbrk 12,877]

3 minutes ago, CitizenWheelz said:

Thank you for your quick response. I was also thinking the same, since I don't see anywhere in the NVC website that they will accept or required the translation in case the original document is not clear enough. How about if I apostilled the document translation by the foreign affairs office in Lima along with the original birth certificate? Can this validate the translation? 

I've given my advice.  An apostille will not help.

[CitizenWheelz 9]

9 minutes ago, pushbrk said:

I've given my advice.  An apostille will not help.

I just spoke to my wife and is possible for the original birth certificate to be corrected legally by Reniec (authority who issues the certificates) in case the info is missing, not clear enough or in case the info is wrong. Can a correction of this document help? For sure everything will go through a process, wife need to have a valid reason to correct her birth certificate such as the hand written info is not visible or clear enough. 

[pushbrk 12,877]

55 minutes ago, CitizenWheelz said:

I just spoke to my wife and is possible for the original birth certificate to be corrected legally by Reniec (authority who issues the certificates) in case the info is missing, not clear enough or in case the info is wrong. Can a correction of this document help? For sure everything will go through a process, wife need to have a valid reason to correct her birth certificate such as the hand written info is not visible or clear enough. 

A corrected official document to replace the one you have, would be fine.  The corrected document must be issued by the same authority.

[CitizenWheelz 9]

2 minutes ago, pushbrk said:

A corrected official document to replace the one you have, would be fine.  The corrected document must be issued by the same authority.

Thank you so much, an administrative correctiom of the original birth certificate could be the best and right path to go unless it takes a long time. Otherwise I will take the risk and just submit a higher resolution scan document with a letter explaining the situation hopefully they will take. 

 

Other question. I also received the following message from NVC:

 

3: No document requested by NVC but just a quick inbox message by NVC:

The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate.

 

-- What do they mean by this? When my wife filled out her DS-260 application, when asked for child, she entered our kid's info but there was a question asking if the child is also immigrating to the US and she answered yes because child is currently living with mom in Peru but our kid is a US Citizen, our kid obtained US Citizenship through CRBA in Lima Peru.

 

Should I upload a copy of our kid CRBA certificate just in case as an additional document? or this is irrelevant?